Bay Furnishings may disclose or alter any aspect of the Site, remove content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Bay Furnishings’ sole discretion and without prior notice or liability to you. You agree that Bay Furnishings may, in its sole discretion, immediately suspend and or terminate your access to the Site without any liability to you or any third party.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except for personal use as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
All software used on the Site is the property of Bay Furnishings or its suppliers and/or manufacturers and protected by U.S. and international copyright laws. The Contents and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Site is strictly prohibited.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password.
You agree to immediately notify Bay Furnishings in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Providing any untruthful or inaccurate information constitutes a breach of the Terms & Conditions. Bay Furnishings may refuse to grant a particular username to you for any reason, including, without limitation, if Bay Furnishings determines that such username (i) impersonates someone else, (ii) is protected by trademark or other proprietary right law or (iii) is vulgar or otherwise offensive.
SECURITY OF SITE
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Bay Furnishings will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than those search engines and search agents that are generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
This Site may provide, or third parties may provide, hypertext links to other sites or resources on the internet. Any references on the Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Bay Furnishings’ endorsement, sponsorship or recommendation of the third party, its information, products or services. Bay Furnishings is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites.
If you decide to link to any such third party sites, you do so entirely at your own risk. You further acknowledge and agree that Bay Furnishings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Bay Furnishings, one of its subsidiaries or affiliates or by third parties who have licensed their materials to Bay Furnishings and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Site is the exclusive property of Bay Furnishings and is also protected by U.S. and international copyright laws. Bay Furnishings and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site.
Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Bay Furnishings’ or any third party’s intellectual property rights. Bay Furnishings’ names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Bay Furnishings. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.
Bay Furnishings may allow users to place Orders (as defined below) for products and/or services via the Site. The term “Order” or “Orders” shall mean any order placed by you for products and/or services via the Site that is accepted by Bay Furnishings. In the event that you place an Order to purchase products and/or services from the Site, you are subject to the terms & conditions of this section. Upon placing an Order, you shall pay to Bay Furnishings the purchase price as set forth in the shopping cart.
In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Bay Furnishings may require additional verifications or information before accepting your Order. Bay Furnishings or its third-party subsidiaries or affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms & conditions imposed by such third-party payment processors.
The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Bay Furnishings reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, Bay Furnishings will issue you the appropriate credit within a commercially reasonable time after your Order has been cancelled.
You hereby represent and warrant to Bay Furnishings that you are an authorized signatory of the credit, debit card or other method of payment that you provide to Bay Furnishings or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Site. In the event you purchase a product that must be delivered to you, such products will be shipped by Bay Furnishings and/or its third-party contractors within a commercially reasonable time after processing of your Order.
CONTENT AND PRICING INFORMATION
Although Bay Furnishings strives to provide accurate pricing information on its Site, pricing or typographical errors may occur. Bay Furnishings cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Bay Furnishings shall have the right, at its sole discretion, to refuse or cancel any Orders placed for that item. In the event that an item is mispriced, Bay Furnishings may, at its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation.
Bay Furnishings attempts to be accurate in its product descriptions; however, Bay Furnishings does not warrant that product descriptions, product images, product pictures or other Content of the Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is as set forth in the Return/Exchange Policy section of the Terms & Conditions.
Many but not all products displayed on the Site for sale are available in Bay Furnishings store. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. In the event of a price discrepancy between the product price on the Site and the in-store price, the in-store purchase price will take precedent.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on the specifications of your monitor, Bay Furnishings cannot guarantee that your monitor’s display of any color will be accurate.
QUANTITY LIMITS AND DEALER SALES
Bay Furnishings reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per Order. These restrictions may be applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same billing and/or shipping address. Bay Furnishings will provide notification to you should such limits be applied.
We also reserve the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of the Terms & Conditions, reselling shall be defined as purchasing or intending to purchase any product from Bay Furnishings for the purpose of engaging in a commercial sale of that same product with a third party.
MERCHANDISE CONTENT DISCLAIMER
Product information (including pictures of products on the Site) accessed through the Site is obtained from claims made by the product’s manufacturer. Please note that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on the Site, thus Bay Furnishings cannot guarantee or ensure the accuracy, completeness or timeliness of any product information.
Furthermore, pictures of certain products or merchandise on the Site may contain accessories or other items that are not sold by Bay Furnishings. Bay Furnishings recommends that you do not solely rely on the information and/or pictures presented and that you always read labels, warnings, and directions before purchasing and/or using a product. For additional information about a product, please contact the manufacturer. Bay Furnishings assumes no liability for inaccuracies or misstatements about products. Any customer reviews are provided for informational purposes only.
LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Bay Furnishings or any of its subsidiaries, affiliates, employees, directors, officers, agents, vendors, manufacturers or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Bay Furnishings has been advised of or should have known of the possibility of such damages. In no event will Bay Furnishings be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six (6) month period preceding the date on which the claim arose.