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Terms of Use

Each time you use or cause access to the FurnitureFinders.com web site ("the Site" or "our Site"), through any device or service, or use our services in any manner, you agree to be bound by these Terms of Use ("Terms" or "these Terms"). The Site is owned and operated by SurplusFinders.com, Inc. (hereafter referred to as "FurnitureFinders"). FurnitureFinders reserves the right to make changes to our Site, these Terms, or the policies incorporated herein by reference, with or without notice. Therefore, it is recommended that you regularly visit this page and familiarize yourself with the latest version of these Terms. Your continued use of our Site will signify your acceptance of any revised Terms. These Terms may not be otherwise be amended, except in writing, by both you and FurnitureFinders. 

1. Use of Site Contents 

The contents of our Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks, data, and other material ("Content") are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by FurnitureFinders and content owned or controlled by third parties and licensed to FurnitureFinders. FurnitureFinders authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of FurnitureFinders. FurnitureFinders' trademarks may not be used in connection with any product or service that is not FurnitureFinders', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FurnitureFinders. As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. 

2. Our Service

Our web site and the services provided to you on and through our web site are on an "AS IS" basis. You agree that FurnitureFinders exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. 

3. Membership / Access Eligibility 

Our website and its services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended FurnitureFinders members. If you are under the age of 18, you can use this Site only in conjunction with and under the supervision of your parents or legal guardians. If you do not qualify, please do not use our Site. Further, your FurnitureFinders account (including feedback) and Member ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.

4. Registration / Your Account 

You may browse the Site for free and without registering. However, you must register on the Site ("Registration") to access and use certain services ("Services" or "our Services"). During Registration you will be asked to create an account ("Your Account") to identify yourself in future visits to the Site. You will be asked to provide information such as your name, address, telephone number, and email address. All of the information that you provide during Registration is collected according to the terms of our Privacy Policy. It is your responsibility to maintain the confidentiality of Your Account ID and Password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party.

PLEASE NOTE: You must provide accurate and current information to us. If you provide any information that is false, misleading, inaccurate, not current or incomplete during registration or otherwise, FurnitureFinders has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). Any activity that is illegally carried on within the site will be reported to the appropriate federal, state or local authorities.

5. Fees and Charges 

Any fees and charges for using our site or specific services will be shown for your review prior to your use. You agree that you are responsible for paying all fees, including any and all applicable sales, income, excise, import, export, VAT and other taxes or duties associated with using our Service and the Site.

We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. We may also choose to temporarily lower the fees for our Services for promotional events (for example, free listing days), and such changes are effective when we post information about the promotional event on the Site. Additionally, we may change our fee policy and the fees for our Services at any time and in our sole discretion. Our changes to the fees are effective after we post the changes on our Site.

6. FurnitureFinders is Only a Venue 

Our Site acts as an open marketplace for users to buy, sell, rent and negotiate the purchase and sale of goods and services with other users. FurnitureFinders only enables communication between buyers and sellers. FurnitureFinders is not involved in any transaction between buyers and sellers who use our Site, and FurnitureFinders does not actually sell such products or services, nor handle any goods physically. FurnitureFinders does not control the behavior of members on the Site or the information provided by other members that is made available through our Site. As a result, FurnitureFinders does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. Inventory is subject to change without notice, and we cannot assure that all transactions will be completed. Additionally FurnitureFinders does not guarantee the ability or intent of members to fulfill their obligations in any transactions. Because user authentication on the Internet is difficult, FurnitureFinders cannot and does not confirm each member's purported identity. There are also risks that you assume when dealing with underage persons or people otherwise acting under false pretenses. You agree that all of these risks are borne by you, and not FurnitureFinders.

7. Listing Restrictions 

FurnitureFinders prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on the site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations.

8. Selling / Posting 

Sellers must have the legal authority to sell, rent or provide the goods and services that you are listing on our Site. Sellers must describe your item and all terms of transaction in your listing. If a user buys your item, you are legally obligated to complete the transaction unless (i) the transaction is prohibited by law or these Terms, (ii) the buyer materially modifies the terms and conditions of the buyer's offer, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. You are also responsible for payment of all FurnitureFinders fees.

9. User Information 

"User Information" is defined as any and all information or data you provide to FurnitureFinders or other users during the Registration, post, sale, buy or any other process, and through any interactive feature of the system, including email. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent and does not involve the sale of counterfeit or stolen items; (iii) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for FurnitureFinders nor cause FurnitureFinders to lose (in whole or in part) the services of our ISPs or other suppliers; and (ix) does not link directly or indirectly to another web site. Furthermore, you may not list any item on our Site (or consummate any transaction that was initiated using our Service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current listing restrictions. You agree not to make use of any other member's User Information other than as necessary to complete any transactions in which you and the subject of the User Information are involved. 

10. Links to Other Sites 

This site may contain hyperlinks to sites operated by parties other than FurnitureFinders. Such hyperlinks are provided for your reference only. FurnitureFinders does not control such sites and is not responsible for their contents. FurnitureFinders' inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators, and FurnitureFinders makes no representations or warranties with respect to such sites. 

11. Limited License 

You agree to grant and hereby do grant FurnitureFinders a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to exercise all copyright and publicity rights You have, in any existing or future media, known or unknown, in (i) Your User Information, (ii) the material or user data displayed in Your listings, (iii) Your Member ID, and (iv) the geographic location and description of any item listed, sold or bought by You on the Site, to the extent that the exercise of such rights would not violate the policies outlined on the Site's Privacy Policy.

12. Use Restrictions 

Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is strictly prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations ("Laws") regarding your use of the Site and our Services and the contractual obligations related to your buying and selling activities. You agree not to use the Site in any manner that violates, or proposes a transaction, which if consummated, would violate any Laws, expose FurnitureFinders to civil or criminal liability, or violates these Terms. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your transactions and for verifying that other Site users with whom you transact do the same. You agree that you will use any information available on our Site, or any information you learn about any buyer, seller or members of our online community solely for the purpose of buying or selling office furniture. Usage of any and all data obtained directly or indirectly through our site for any purpose other than previously stated, including but not limited to, solicitation of services, copying of any source code or published text or images, spam, and selling of contact information to third parties, will be considered in violation of the terms of this agreement.

13. Content Policy 

You agree not to post any Offensive Content on the Site or post any links or URL's (web addresses) to sites containing Offensive Content. "Offensive Content" includes, without limitation, words, images, sounds or other content which: (i) is profane, obscene or involves child pornography; (ii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iii) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (iv) relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; or (v) contains defamatory or libelous statements or unlawfully disparaging remarks or threats.

14. Intellectual Property and Rights of Publicity 

You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of FurnitureFinders or any third party. You agree not to link to any third party's web site or file on that web site without that party's permission. You agree that you will not use any automatic or manual process to monitor or copy any portion of the Site without FurnitureFinders' prior written permission.

15. Breach 

Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach these Terms or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our members or FurnitureFinders.

16. Release 

Because we are not involved in the actual physical transaction between buyers and sellers, in the event that You have a dispute with one or more members, You release FurnitureFinders and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor."

17. Waiver of Claims 

By using the Site or the Services, you signify your agreement to and do thereby waive all claims which have not been filed but may have accrued against FurnitureFinders or its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates prior to or as of the date of said posting, regardless of the gravity of the action, whether in law or equity, and such claims are forever barred. Subject to Section 18 (Release), the foregoing does not apply to claims that have already been filed and are still pending in the proper forum as specified below.

18. DISCLAIMER OF WARRANTIES 

YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. FURNITUREFINDERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

FURNITUREFINDERS MAKES NO WARRANTY THAT THE SERVICE WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES FURNITUREFINDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FURNITUREFINDERS OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

19. LIMITATION OF LIABILITY 

IN NO EVENT SHALL FURNITUREFINDERS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THESE TERMS, (II) THE RECEIPT OF DATA, INFORMATION OR MESSAGES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, EVEN IF FURNITUREFINDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FURNITUREFINDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY. VARIOUS PRODUCTS AND SERVICES REFERENCED IN THE SITE ARE PROVIDED BY THIRD PARTY VENDORS PURSUANT TO AGREEMENTS OR OTHER ARRANGEMENTS BETWEEN SUCH VENDORS AND THE END USER. FURNITUREFINDERS DOES NOT SELL, RESELL OR LICENSE SUCH PRODUCTS OR SERVICES, AND IN NO EVENT SHALL FURNITUREFINDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATED TO SUCH PRODUCTS OR SERVICES. IN NO EVENT SHALL FURNITUREFINDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

IN NO EVENT SHALL FURNITUREFINDERS'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to you.

20. Indemnity 

You agree to defend, indemnify and hold FurnitureFinders and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Account and/or your use or misuse of the Site, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of Your breach of any Terms of these Terms.

21. Arbitration 

FurnitureFinders is not liable under these Terms for any injury you may suffer or allege to suffer as a User of this Site. In the event, however, that You wish to assert any claim against FurnitureFinders for any purpose whatsoever, You expressly agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and that the arbitration will take place in the County of Los Angeles, California. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Legal action taken by FurnitureFinders to collect fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services shall not be subject to the foregoing restrictions.

22. Notice 

Any notices given pursuant to these Terms that are directed to FurnitureFinders shall be given by postal mail to: FurnitureFinders, Inc. P.O. Box 3605, Manhattan Beach, California 90266, Attn: Legal. Any notice from FurnitureFinders that is directed to you shall be delivered to the mailing address or email address you provided us at the time of Registration. Notice shall be deemed given twenty-four (24) hours after email is sent, unless FurnitureFinders is notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. FurnitureFinders may also give notice of changes to these Terms or other matters related to FurnitureFinders by displaying notices to users on the Site.

23. Language

It is the express intent of the parties that these Terms and any related documents be drawn up and executed in the English language.

24. General 

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, as if formed by between California residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of these Terms is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. FurnitureFinders' failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and FurnitureFinders are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms. Sections 5 (Fees and Charges), 11 (Limited License), 16 (Release), 17 (Waiver of Claims), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnity), 21 (Arbitration), 22 (Notice) and 24 (General) shall survive any expiration or termination of these Terms.

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