Terms of Use

Last updated: December 16, 2013

THESE FORTUNOFFBYS.COM WEBSITE TERMS OF USE (THE "TERMS OF USE") SET FORTH THE TERMS AND CONDITIONS OF YOUR RIGHT TO ACCESS AND USE THE FORTUNOFFBYS.COM WEBSITE AND ALL CONTENT ("CONTENT") DISPLAYED THEREIN (THE "WEBSITE"), INCLUDING THE CONTENT AND SERVICES PROVIDED BY FURNITURE RETAIL OPERATIONS GROUP ("FROG" or "us" or "we") VIA THE WEBSITE.PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE, AND PLEASE ALSO READ OUR PRIVACY POLICY CAREFULLY TO UNDERSTAND WHAT WE DO WITH THE PERSONAL INFORMATION THAT WE COLLECT AS PART OF YOUR INTERACTION WITH THE WEBSITE.

YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES AN AGREEMENT TO THESE TERMS OF USE.PLEASE NOTE THAT THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME.PLEASE CHECK THE TERMS OF USE EACH TIME YOU VISIT THIS WEBSITE FOR THE MOST CURRENT VERSION.

Copyright

All elements of this Website are the property of FROG or our suppliers and are protected by United States and international copyright.

Trademarks

The trademarks of FROG and our partners may not be used without our written permission. Trademarks or trade dress include the FROG and Fortunoff name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of FROG products, services, and programs, and those of our affiliates. 
All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Use

Provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use related to placing an order or shopping, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Content on any Internet, Intranet or Extranet Website or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content without our advance written permission is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Errors and Inaccuracies

Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice.

Although we make every attempt to verify prices before charging your credit card, we reserve the right to refuse or cancel any orders for mislabeled items whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Disclaimers

All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. FROG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications or content. FROG is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person's computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website. Under no circumstances will FROG be responsible for any loss or damage or personal injury or death, resulting from anyone's use of the Website.

THE INFORMATION ON THE WEBSITE IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COSMOPOLITAN AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Disclaimer of Liability

USE OF THE WEBSITE IS AT YOUR OWN RISK.YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT, FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE.

Neither FROG nor any of our affiliates, licensors, suppliers, or each of our or their directors, officers, agents, contractors, partners, employees, licensors, or suppliers, are responsible or liable for any loss or damage of any kind whatsoever arising as a result of (1) information or Content expressly or impliedly published on the Website, or (2) any errors in or omissions from the Website, or (3) interception or use of credit card information or other personally identifiable information, in each case notwithstanding any negligence, default or lack of care by FROG or its suppliers, or that such loss or damage was foreseeable.

Neither FROG nor any of our affiliates, licensors, suppliers, or each of our or their directors, officers, agents, contractors, partners, employees, licensors, or suppliers, are responsible or liable for any damages whatsoever, whether direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any legal theory arising out of or relating in any way to this Website and/or any linked Website, even if advised of the possibility of such damages or such damages were foreseeable.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE CONTENT, LINKED WEBSITE, OR SERVICES, AS APPLICABLE.

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 or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

No Confidentiality

Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Website. Any information, materials, suggestions, ideas, product reviews, or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. We reserve the right to edit product reviews or refrain from publishing reviews for any reason. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Applicable Law

By visiting this Website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Change of Terms

Fortunoffbys.com may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Fortunoffbys.com may give by any means, including without limitation, by posting the revised Conditions on the Fortunoffbys.com Services. You are responsible for reviewing the Fortunoffbys.com Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Fortunoffbys.com Services after changes to these Conditions will constitute your acceptance of the revised terms.

Disputes

Any dispute relating in any way to your visit to our Website or to products purchased here shall be submitted to confidential arbitration in New York. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify and hold FROG, its affiliates, licensors, suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use or of any law or the rights of any third party.

Protecting Your Information

Please see our PRIVACY POLICY to understand what we do with the personal information that we collect as part of your interaction with the Website.

Please refer to this page frequently to review our current Terms of Use. This page was last updated on December 16, 2013.