patiofurniture.pactsafe.io Open in urlscan Pro
3.163.80.16  Public Scan

Form analysis
0 forms found in the DOM

Text Content

PATIOFURNITURE.COM LEGAL CENTER



Error

ALL CONTRACTS

 * PatioFurniture.com Privacy Notice
 * PatioFurniture.com Terms of Use


PATIOFURNITURE.COM PRIVACY NOTICE


VERSION 4.0

EFFECTIVE NOVEMBER 7, 2022

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------

PatioFurniture.com: U.S. Online Privacy Notice



Last Updated November 7, 2022



PatioFurniture.com and its affiliates (collectively, “PatioFurniture.com”)
respect your concerns about privacy. This U.S. Online Privacy Notice applies to
our use of personal information that we may collect via the websites and mobile
and other applications that link to this notice (collectively, the "Sites").
PatioFurniture.com




This U.S. Online Privacy Notice describes the types of personal information we
obtain about consumers through the Sites, how we may use the information, with
whom we may share it, and the choices available regarding our use of the
information. The notice also describes the measures we take to safeguard the
personal information and how individuals can contact us about our privacy
practices.








INFORMATION WE COLLECT






Information We Obtain About You

We obtain certain personal information in connection with the products and
services we provide. The types of personal information we obtain include:

 * Contact information, such as your name, email and postal address, and
   telephone number;
 * account information, such as online password and other log-in details used to
   access the Sites;
 * payment information, such as name, billing and delivery address and payment
   card details, including card number, expiration date and security code, which
   is collected and stored by us and by our third- party payment processor and
   which we transmit to certain other third parties, including companies that
   evaluate fraud and fraudulent transactions;
 * geolocation information (on our app), and other general location information;
 * information about the products or services you purchased, requested, obtained
   or considered, including your online order history, and your service or parts
   requests;
 * in connection with our careers pages, information about your education, work
   and military history, legal work eligibility status, and other information
   relevant to specific jobs for which you may apply; and
 * other personal information contained in content you submit to us, such as
   through our "Contact Us" feature or customer support tools (such as the live
   chat feature or Customer Care Account) on our Sites.



Through the Sites and in our stores, you may apply for financing or other
methods of paying for your PatioFurniture.com purchase. These financing options
and other payment methods are provided by third parties, which have separate
privacy policies that govern the use of personal information collected by them.



Information We Obtain by Automated Means

When you interact with our products and services, we, our partners, our
advertisers, and third party advertising networks obtain certain information by
automated means, such as cookies, web server logs, web beacons, session replay
software, scripts, tracking software and other technologies. A "cookie" is a
text file that websites send to a visitor's computer or other Internet-
connected device to uniquely identify the visitor's browser or to store
information or settings in the browser. A "web beacon," also known as an
Internet tag, pixel tag or clear GIF, links web pages to web servers and their
cookies and may be used to transmit information collected through cookies back
to a web server. “Session replay software” tracks a visitor’s activities on
websites, including keyboard strokes, page scrolling, and mouse/pointer
locations, movements, and clicks.






We may use these automated technologies to collect information about your
equipment, browsing actions, and usage patterns. The information we obtain in
this manner may include your device IP address, identifiers associated with your
devices, types of devices connected to our services, web browser
characteristics, device characteristics, language preferences, referring/exit
pages, clickstream and page-scroll data and other information about your
interactions with our Sites, and dates and times of website visits. These
technologies help us (1) remember your information so you will not have to
re-enter it; (2) track and understand how you use and interact with our products
and services; (3) tailor the Sites around your preferences; (4) measure the
usability of our Sites and the effectiveness of our communications; (5) provide
customer support, and (6) otherwise manage and enhance our Sites.






Your browser may tell you how to be notified when you receive certain types of
cookies or how to restrict or disable certain types of cookies. Please note,
however, that without cookies you may not be able to use and enjoy all of the
features of our Sites. For mobile devices, you can manage how your device and
browser share certain device data by adjusting the privacy and security settings
on your mobile device.









HOW WE USE THE INFORMATION WE COLLECT

We may use the information we obtain about you to:

 * Provide our products and services (including delivery, repairs, and customer
   service) to you;
 * provide technical support;
 * establish and manage your PatioFurniture.com account and profile;
 * process and fulfill claims and orders in connection with our products and
   services and keep you informed about the status of your order;
 * notify you about contests and promotional events, administer your
   participation in these contests and events, and notify you in the event you
   are a winner;
 * administer your participation in surveys and market research;
 * personalize your experience with our Sites;
 * communicate with you and provide customer support (such as by email, text,
   call and in other ways);
 * send you offers or other marketing or promotional materials on behalf of
   PatioFurniture.com;
 * perform analytics (including market and consumer research, trend analysis and
   financial analysis);
 * operate, evaluate, develop, manage and improve our business (including
   operating, administering, analyzing and improving our products and services;
   developing new products and services; managing and evaluating the
   effectiveness of our communications; performing accounting, auditing, billing
   reconciliation and collection activities and other internal functions);
 * contact you to conduct surveys or market or advertise to you;
 * protect against, identify and prevent fraud and other criminal activity,
   claims and other liabilities; and
 * comply with and enforce applicable legal requirements, relevant industry
   standards and policies, including this U.S. Online Privacy Notice and our
   Terms of Use.



We also may use the information we collect about you in other ways for which we
provide specific notice at the time of collection and obtain your consent if
required by applicable law.

Third-Party Analytics Services

We use third-party web analytics services on our Sites, such as Google
Analytics. The service providers that administer these services use automated
technologies to collect data (such as IP addresses, cookies and other device
identifiers) to evaluate use of our Sites. To learn more about Google Analytics
and how to opt out, please visit https://policies.google.com/privacy.



Online Tracking and Interest-Based Advertising

On our Sites, we and our partners may collect information about your online
activities to identify you and provide you with advertising about products and
services tailored to your interests. You may see our ads on other websites or
mobile apps or receive our ads by mail because we participate in advertising
networks (such as Google AdWords and Google AdSense) and other partnerships. We
use ad networks and other partners that allow us to target our messaging to
users considering demographic data, users' inferred interests and browsing
context. These advertising partners track users' online activities over time by
collecting information through automated means, including through the use of
cookies, web server logs, web beacons and other similar technologies. These
partners use this information to show ads that may be tailored to individuals'
interests, to track users' browsers or devices across multiple websites, and to
build a profile of users' online browsing activities and contact information.
The information our advertising partners may collect includes data about users'
visits to websites that participate in the relevant ad networks, such as the
pages or ads viewed and the actions taken on the websites. This data collection
takes place both on our websites and on third-party websites that participate in
the ad networks or partners’ programs. This process also helps us track the
effectiveness of our marketing efforts.






Our Sites are not designed to respond to "do not track" signals received from
browsers. To learn how to opt out of interest-based advertising please visit
Digital Advertising Alliance opt out and Network Advertising Initiative opt out.








INFORMATION SHARING

We do not sell or otherwise share personal information we collect about you
except as described in this U.S. Online Privacy Notice. We may share your
personal information with our (1) affiliates and subsidiaries and (2) service
providers who perform services on our behalf, such as order fulfillment and
delivery, fraud prevention, marketing and payment card processing and other
service providers that provide financing for PatioFurntiure.com purchases. In
addition, we may share information we collect on our Sites about you with other
third parties for those parties' own purposes that are not marketing-related,
such as for fraud prevention or security services, to build or improve the
quality of the services they provide to us, or to help protect against illegal
activity.




We also may disclose information about you (1) if we are required to do so by
law or legal process (such as a court order or subpoena); (2) in response to
requests by government agencies, such as law enforcement authorities; (3) to
establish, exercise or defend our legal rights; (4) when we believe disclosure
is necessary or appropriate to prevent physical or other harm or financial loss;
(5) in connection with an investigation of suspected or actual illegal activity;
or (6) otherwise with your consent.

We reserve the right to transfer any information we have about you in the event
we sell or transfer all or a portion of our business or assets (including in the
event of a merger, acquisition, joint venture, reorganization, divestiture,
dissolution or liquidation).








YOUR CHOICES

We offer you certain choices in connection with the personal information we
obtain about you. To update your preferences, stop receiving emails, or submit a
request, please contact us as specified in the How to Contact Us section of this
U.S. Online Privacy Notice.








OTHER ONLINE SERVICES AND THIRD-PARTY FEATURES

Our Sites may provide links to other online services for your convenience and
information, and may include third-party features such as apps, tools, payment
services, widgets and plug-ins (e.g., Facebook, Twitter, Pinterest, YouTube or
Instagram buttons). These online services and third-party features may operate
independently from us. The privacy practices of the relevant third parties,
including details on the information they may collect about you, is subject to
the privacy statements of these parties, which we strongly suggest you review.
To the extent any linked online services or third-party features are not owned
or controlled by us, PatioFurniture.com is not responsible for these third
parties' information practices.








HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards designed to
protect personal information against accidental, unlawful or unauthorized
destruction, loss, alteration, access, disclosure or use.







CHILDREN'S PERSONAL INFORMATION

The Sites are directed toward a general audience and is not directed to children
under 13 years of age. PatioFurniture.com does not knowingly collect or use
information from children under 13 obtained through the Sites. If we become
aware that we have collected personal information from a child under the age of
13, we will promptly delete the information from our records. If you believe
that a child under the age of 13 may have provided us with personal information,
please contact us as specified in the How To Contact Us section of this U.S.
Online Privacy Notice.








UPDATES TO OUR U.S. ONLINE PRIVACY NOTICE

This U.S. Online Privacy Notice may be updated periodically and without prior
notice to you to reflect changes in our personal information practices. We will
post a notice on our Sites to notify you of significant changes to our U.S.
Online Privacy Notice and indicate at the top of the notice when it was most
recently updated.








HOW TO CONTACT US

If you have any questions or concerns regarding this U.S. Online Privacy Notice,
you may email us at [customerservice@patiofurniture.com] or call us at
1-888-709-5380. You may also write to us at:

PatioFurniture.com

Attn: Legal

11540 Highway 92 East

Seffner, Florida 33584


PATIOFURNITURE.COM TERMS OF USE


VERSION 3.0

EFFECTIVE OCTOBER 29, 2020

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------



Terms of Use
PLEASE READ THESE TERMS OF USE (THESE “TERMS OF USE”) CAREFULLY. THESE TERMS OF
USE GOVERN YOUR ACCESS TO AND USE OF ALL OR PART OF ANY WEBSITE OR MOBILE
APPLICATION OF PATIOFURNITURE.COM AND ANY OTHER SITE, MOBILE APPLICATION OR
ONLINE SERVICE WHERE THESE TERMS OF USE ARE POSTED (COLLECTIVELY, THE "SITE").
THESE TERMS OF USE DO NOT AMEND ANY OTHER AGREEMENT YOU MAY HAVE WITH
PATIOFURNITURE.COM FOR PRODUCTS OR SERVICES.


ARBITRATION NOTICE: These Terms of Use contain a binding dispute
resolution/arbitration agreement including a waiver of any right to participate
in a class action lawsuit or class-wide arbitration that is set forth below.
 1. Changes to Terms/Site. We reserve the right to modify or amend these Terms
    of Use, as well as any aspect of the Site, at any time. All changes will be
    effective immediately upon posting to the Site. By accessing or using the
    Site after changes are posted, you agree to and accept those changes.
 2. Third-Party Web Sites. The Site may link to, or be linked to, websites not
    maintained or controlled by PATIOFURNITURE.COM. Those links are provided as
    a convenience, and PATIOFURNITURE.COM is not responsible for examining or
    evaluating the content or accuracy of, and does not warrant or endorse, any
    third-party web site or any products or services made available through
    those web sites. Please take care when leaving the Site to visit a
    third-party web site. You should read the terms of use and privacy policy
    for each web site that you visit.
 3. Intellectual Property Rights. The Site, including its text, audio, video,
    graphics, charts, photographs, interfaces, icons, other content, software,
    computer code, data, trademarks, logos, slogans, names of products and
    services, documentation, other components, and the design, selection, and
    arrangement of content is exclusively the property of PATIOFURNITURE.COM or,
    as applicable, its suppliers and licensors, and is protected by copyright,
    trademark, and other intellectual property laws. Any unauthorized use of any
    trademarks, trade dress, or any other intellectual property belonging to
    PATIOFURNITURE.COM or any third party is strictly prohibited and may be
    prosecuted to the fullest extent of the law. The Site may contain references
    to third-party marks and copies of third-party copyrighted materials, which
    are the property of their respective owners. All rights not expressly
    granted herein are reserved by PATIOFURNITURE.COM and its licensors.
 4. Use of the Site; Compliance. You may download and print one copy of the
    Site's visible content for your personal and noncommercial use, provided you
    do not modify or delete any copyright, trademark, or other proprietary
    notices. You may not otherwise copy, reproduce, display, duplicate, sell,
    publish, post, license, distribute, or create derivative works of the Site
    or any part of the Site without the prior written consent of
    PATIOFURNITURE.COM. For example, you may not copy, reproduce, publish,
    upload to another web site, or otherwise distribute any of the images on the
    Site. You may not use the Site for unlawful purposes. You may not access,
    use, or copy any portion of the Site or its content through the use of
    indexing agents, spiders, scrapers, bots, web crawlers, or other automated
    devices or mechanisms. User activities that aim to render the Site or
    associated services inoperable or to make their use more difficult are
    forbidden. You are responsible for complying with all local, state, and
    federal laws and regulations that apply to your use of the Site. You may not
    upload to, distribute or otherwise publish through the Site any content that
    (i) is confidential, proprietary, false, fraudulent, libelous, defamatory,
    obscene, threatening, invasive of privacy or publicity rights, infringing on
    intellectual property rights, abusive, illegal or otherwise objectionable;
    (ii) may constitute or encourage a criminal offense, violate the rights of
    any party or otherwise give rise to liability or violate any law; or (iii)
    may contain software viruses, political campaigning, chain letters, mass
    mailings, or any form of "spam." You may not use a false email address or
    other identifying information, impersonate any person or entity or otherwise
    mislead as to the origin of any content. You may not upload commercial
    content onto the Site. Some features on the Site may require registration.
    By registering at and in consideration of your use of the Site you agree to
    provide true, accurate, current and complete information about yourself.
    Some features on the Site may require use of a password. You are responsible
    for protecting your password. You agree that you will be responsible for any
    and all statements made, and acts or omissions that occur, through the use
    of your password. If you have any reason to believe or become aware of any
    loss, theft or unauthorized use of your password, you agree to notify
    PATIOFURNITURE.COM immediately at customerservice@patiofurniture.com.
    PATIOFURNITURE.COM may terminate your account and suspend your use of the
    Site for any reason without prior notice to you, including but not limited
    to if PATIOFURNITURE.COM suspects that your account is being used in an
    unauthorized manner or that you are in violation of these Terms of Use.
 5. Feedback. PATIOFURNITURE.COM welcomes comments regarding the Site, including
    any products or services available through the Site (“Feedback”). If you
    submit any Feedback to us regarding the Site, you are granting to
    PATIOFURNITURE.COM a royalty-free, perpetual, irrevocable, worldwide,
    unlimited, nonexclusive license to use, reproduce, create derivative works
    from, modify, publish, edit, translate, distribute, perform and display
    (publicly or otherwise) such Feedback, in any medium or format, and that
    such Feedback will not be considered or maintained as confidential. We may
    use any feedback that you send us in our discretion and without attribution
    or compensation to you.
    6. Privacy. Your use of the Site is subject to our Privacy Notice. You may
    obtain a copy of our Privacy Notice by clicking here. You consent to being
    contacted by phone or text message to any telephone number You have
    previously provided to PATIOFURNITURE.COM.

7. Customer Communications. You consent to being contacted by phone or text
message with information or questions about your account(s) and/or order(s) to
any telephone number you have previously provided to PATIOFURNITURE.COM. You
certify, warrant and represent that the telephone number you have provided to us
is your contact number and not someone else's. You represent that you are
permitted to receive calls and text messages at the telephone number you have
provided to us. You agree to promptly alert us whenever you stop using a
telephone number. PATIOFURNITURE.COM may use such means of communication
described in this section even if you will incur costs to receive such messages,
text messages, e-mails or other means, which may occur. You can stop receiving
SMS messages (including text messages) at any time by replying “STOP” to any
message You receive from us and we may send you a message confirming Your
election. If You want to start receiving messages again, sign up as you did the
first time. If you need help from PATIOFURNITURE.COM, text “HELP” to any message
you receive from us. For customer support from PATIOFURNITURE.COM please call us
at 1-855-277-0614 or email at customerservice@patiofurniture.com. Message and
data rates may apply and message frequency may vary. Carriers are not liable for
delayed or undelivered messages.

8. Purchase Information. If you submit payment information that is incorrect or
invalid, your payment will not be processed. We have no responsibility or
liability if your payment method is declined by your financial institution or
any third party financing company. Payments are processed by our third-party
payment processor. Refunds, if available, are solely the responsibility of
PATIOFURNITURE.COM and are at PATIOFURNITURE.COM's sole discretion.
9. Merchandise Availability. The prices and availability of merchandise on the
Site may change at any time without notice to you. Merchandise prices and
selection may vary from region to region and differ between the Site and stores.
Availability of merchandise may be limited and merchandise may not be available
for immediate delivery.
10. NO WARRANTY.
 1. SOME MERCHANDISE SOLD VIA THE SITE COMES WITH A LIMITED PRODUCT WARRANTY.
    SEE OUR "Online Terms and Conditions of Sale, Limited Product Warranty, and
    Dispute Resolution/Arbitration Agreement" FOR WARRANTY DETAILS.
 2. THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF
    ANY KIND. ACCURACY OF INFORMATION ON THE SITE CANNOT BE GUARANTEED.
    PATIOFURNITURE.COM DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS,
    OR AVAILABILITY OF THE SITE. PATIOFURNITURE.COM DOES NOT WARRANT THAT THE
    SITE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT ANY DEFECTS IN THE SITE WILL
    BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE
    ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
 3. PATIOFURNITURE.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE
    SITE. WE RESERVE THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY
    ERRORS, INACCURACIES OR OMISSIONS INCLUDING AFTER AN ORDER HAS BEEN
    SUBMITTED AND WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT
    CARD CHARGED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATIOFURNITURE.COM
    EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE,
    INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY,
    ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS
    OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. IN CERTAIN JURISDICTIONS,
    THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER
    MAY NOT APPLY TO YOU.
 4. PATIOFURNITURE.COM HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,
    MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. YOUR USE OF THE
    SITE IS AT YOUR OWN RISK AND YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO
    YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA
    THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY
    OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE
    IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED
    STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE
    UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR
    COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION,
    ORAL OR WRITTEN, OBTAINED BY YOU FROM PATIOFURNITURE.COM OR IN ANY MANNER
    FROM THE SITE CREATES ANY WARRANTY.

11. NO LIABILITY.
 1. IN NO EVENT WILL PATIOFURNITURE.COM OR ANY OF ITS PARENTS, SUBSIDIARIES,
    DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
    REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, PREDECESSORS,
    SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
    INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY
    OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE
    SITE OR YOUR DIRECT OR INDIRECT USE OF THE SITE (INCLUDING, WITHOUT
    LIMITATION, THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO
    THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING
    NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF
    PATIOFURNITURE.COM HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR
    DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE
    SITE.
 2. WITHOUT LIMITING THE FOREGOING, IF PATIOFURNITURE.COM IS FOUND LIABLE TO YOU
    OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT
    OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, THE MAXIMUM
    LIABILITY FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100,
    EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
 3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
    DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
    YOU. IF PURSUANT TO APPLICABLE STATE LAW, THE LIMITATION OF LIABILITY FOR
    INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF
    PATIOFURNITURE.COM, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE
    AGENTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF NEW
    JERSEY LAW APPLIES, EXCLUSIONS AND LIMITATIONS OF LIABILITY FOR INTENTIONAL
    OR RECKLESS ACTS, GROSS NEGLIGENCE, NEGLIGENCE, AND STRICT LIABILITY DO NOT
    APPLY.

12. Indemnification. You agree to indemnify, defend, and hold harmless
PATIOFURNITURE.COM, and each of its parents, subsidiaries, shareholders,
members, directors, officers, employees, representatives, consultants, agents,
suppliers, licensors, predecessors, successors and assigns, from and against all
losses, claims, liabilities, demands, complaints, actions, damages, judgments,
settlements, fines, penalties, damages, expenses, and costs (including, without
limitation, reasonable attorneys' fees and costs) that arise out of or in
connection with your access to or use of the Site, your misuse of any material,
data, or other information downloaded or otherwise obtained from the Site, your
order of merchandise through the Site, or your violation of these Terms of Use.
We reserve, and you grant to us, the exclusive right to assume the defense and
control of any matter subject to indemnification by you, in which event you will
assist and cooperate with PATIOFURNITURE.COM in asserting any available
defenses. This provision does not apply to intentional or reckless acts or gross
negligence on the part of PATIOFURNITURE.COM. If New Jersey law applies, this
provision also does not apply to negligence or strict liability on the part of
PATIOFURNITURE.COM.
13. Copyright. PATIOFURNITURE.COM asks that its users respect the rights of
intellectual property owners. If you believe that your work has been copied on
the Site in a way that constitutes infringement, you agree to provide
PATIOFURNITURE.COM the following information in the form prescribed by Section
512 of Title 17, United States Code:
 1. A description of the copyrighted work or works that you claim have been
    infringed;
 2. A description of the allegedly infringing material, including its location
    on the Site;
 3. Your address, telephone number, and email address;
 4. A statement by you that you have a good faith belief that the disputed use
    is not authorized by the copyright owner, its agent, or the law;
 5. 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; and
 6. An electronic or physical signature of a person authorized to act on behalf
    of the owner of an exclusive right that is allegedly infringed.

PatioFurniture.com’s Copyright Agent for notice of claims of copyright
infringement on the Site is: copyrightagent@patiofurniture.com; Copyright Agent,
PatioFurniture.com Customer Support, P.O. Box 468431, Perimeter Center, 4707
Ashford Dunwoody Road, Atlanta, GA 30338.
14. Linking to the Site. If you operate a web site and are interested in linking
to the Site: you agree that (i) the link must be clearly marked; (ii) the link
and its use must be in connection with a web site of appropriate subject matter;
(iii) the link and its use must not, nor have the potential to, damage or dilute
the goodwill associated with PATIOFURNITURE.COM's names and trademarks; (iv) the
link and its use must not create the false appearance that any program, person,
or entity is associated with or sponsored by PATIOFURNITURE.COM; and (v) the
link, when activated by a user, must display the Site full-screen and not within
a "frame." PATIOFURNITURE.COM reserves the right to revoke consent to link to
the Site at any time in its sole discretion, either by amending these Terms of
Use or through other notice.


15. Governing Law. These Terms of Use are governed by the laws of the State of
Florida, without regard to its conflict of law principles, except to the extent
that the Federal Arbitration Act governs the Dispute Resolution/Arbitration
Agreement, as stated below. The United Nations Convention for the International
Sale of Goods does not apply.
16. Dispute Resolution/Arbitration Agreement.
 1. Mandatory Arbitration. YOU AND PATIOFURNITURE.COM AGREE THAT ANY DISPUTE OR
    CLAIM BETWEEN YOU AND PATIOFURNITURE.COM OR ANY AFFILIATE OF
    PATIOFURNITURE.COM OR ANY OF THEIR PARENT COMPANIES, SUBSIDIARIES,
    DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
    REPRESENTATIVES, PREDECESSORS, SUCCESSORS, OR ASSIGNS, INCLUDING BUT NOT
    LIMITED TO ANY DISPUTE OR CLAIM THAT RELATES IN ANY WAY TO ANY PRODUCT OR
    SERVICE SOLD OR DISTRIBUTED BY PATIOFURNITURE.COM, TO ANY TRANSACTION WITH
    PATIOFURNITURE.COM, TO ANY WARRANTY, TO THE TERMS AND CONDITIONS OF SALE, TO
    THE FINANCING OF ANY PURCHASE FROM PATIOFURNITURE.COM, TO THE COLLECTION OR
    STORAGE OF PERSONAL INFORMATION, OR TO THE TERMS OF USE, INCLUDING DISPUTES
    OR CLAIMS UNDER FEDERAL OR STATE STATUTES OR TORT LAW ("DISPUTE") MUST BE
    RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A
    COURT OR JURY, EXCEPT THAT YOU OR PATIOFURNITURE.COM MAY ASSERT CLAIMS IN
    SMALL CLAIMS COURT IF THE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND THE
    MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS.

You and PATIOFURNITURE.COM waive the right to a trial by jury and any right to
have a Dispute heard in court. In arbitration, Disputes are resolved by a
neutral arbitrator instead of a judge or jury, discovery is more limited than in
court, and the arbitrator's decision is subject to limited review by courts. The
arbitrator can award on an individual basis the same damages and relief as a
court, including monetary damages, injunctive relief, and declaratory relief.
Judgment on the arbitrator's award may be entered in any court having
jurisdiction thereof. A single arbitrator with the American Arbitration
Association ("AAA") will conduct the arbitration, and the award may not exceed
the relief allowed by applicable law. The arbitration will be conducted in the
county of your residence or another mutually agreed location. The AAA's Consumer
Arbitration Rules will apply. If AAA will not apply those rules, then AAA's
Commercial Arbitration Rules will apply. The AAA's rules and a form that can be
used to initiate arbitration proceedings are available at http://www.adr.org.
You and PATIOFURNITURE.COM agree that if for any reason AAA will not conduct or
becomes unavailable to conduct the arbitration, then a court may appoint a
substitute arbitrator, and further agree that the choice of AAA as a forum is
not integral to the Agreement.


The Federal Arbitration Act ("FAA") applies to this Agreement and governs its
interpretation and enforcement. The arbitrator will decide all issues relating
to the enforceability, interpretation, scope, and application of this Agreement
(including “gateway” issues of arbitrability), these Terms of Use, the Online
Terms and Conditions of Sale, and any applicable warranty, except that a court
will resolve any question regarding the meaning, validity or enforceability of
Section B of this Agreement. The term "Dispute" and the requirement to arbitrate
will be broadly interpreted. The Agreement will survive termination of any
warranty.
B. Arbitration Class Action Waiver. You and PATIOFURNITURE.COM agree that the
arbitration will be conducted solely on an individual basis and not on a class,
representative, consolidated, or private attorney general basis. A Dispute may
not be consolidated with a claim brought or discovery by any person or entity
that is not a party to the arbitration proceeding. The arbitrator may not award
relief to any person or entity other than a party to the arbitration proceeding
and may only award such relief as is necessary to provide relief to a party to
the arbitration proceeding. If a court deems any portion of this Section B
invalid or unenforceable, then Sections A and C of the Agreement will be null
and void.


C. Fees and Costs in Arbitration. If your total damage claims are $25,000 or
less, not including your attorneys' fees: (1) the arbitrator may award you your
reasonable attorneys' fees, expert fees, and costs if you prevail in the
arbitration; (2) the arbitrator may not award PATIOFURNITURE.COM its attorneys'
fees, expert fees, or costs unless the arbitrator determines that your claim was
frivolous or brought in bad faith; and (3) PATIOFURNITURE.COM will bear all
filing fees and administrative fees and either reimburse you for any such fees
that AAA requires you to pay upon initiating arbitration or, if you send a
written request to Legal Department, Furniture.com America LLC, P.O. Box 468431,
Perimeter Center, 4707 Ashford Dunwoody Road, Atlanta, GA 30338 before you
initiate arbitration, PATIOFURNITURE.COM will pay to AAA any such fees that AAA
requires to be paid upon initiation of arbitration. If your total damage claims
are more than $25,000, not including your attorneys' fees, then the arbitrator
may award the prevailing party all or a portion of its reasonable attorneys'
fees, expert fees, and costs. In arbitrations conducted under AAA's Consumer
Arbitration Rules, (a) PATIOFURNITURE.COM will bear the arbitrator's fees and
expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the
Dispute shall be resolved by the submission of documents only/desk arbitration,
except that any party may ask for a hearing or the arbitrator may decide that a
hearing is necessary. Except as otherwise provided herein, all filing fees,
administrative fees, and arbitrator fees and expenses will be paid in accordance
with the applicable AAA rules.


D. Non-Arbitration Class Action and Jury Waiver. You and PATIOFURNITURE.COM
agree that if for any reason a Dispute proceeds in court rather than
arbitration: (1) you and PATIOFURNITURE.COM waive any right to a jury trial; (2)
the Dispute will proceed solely on an individual, non-class, non-representative
basis; and (3) neither you nor PATIOFURNITURE.COM may be a class representative
or class member or otherwise participate in any class, representative,
consolidated, or private attorney general proceeding.
E. Severability. If any part of this Agreement is found invalid or
unenforceable, then the other parts of the Agreement shall remain in full force
and effect, except that if any part of Section B is found invalid or
unenforceable, then Sections A and C of the Agreement will be null and void, and
the other parts of the Agreement shall remain in full force and effect.
17. Assignment. We may assign our rights and delegate our duties under these
Terms of Use at any time to any party without notice to you. You may not assign
these Terms of Use without our prior written consent.
18. Interpretation. These Terms of Use, and, as applicable, our Online Terms and
Conditions of Sale, are the entire agreement between you and PATIOFURNITURE.COM
with respect to your access to and use of the Site. PATIOFURNITURE.COM's failure
to enforce any provision in these Terms of Use will not constitute a waiver of
that provision or any other provision. Any waiver of any provision of these
Terms of Use will be effective only if in writing and signed by
PATIOFURNITURE.COM. If any provision of these Terms of Use is held invalid,
void, or unenforceable, that provision will be considered severable from the
remaining provisions and the remaining provisions will remain in full force and
effect, except as set forth in Section 15(B) and (E) above. The headings in
these Terms of Use are for convenience only and do not affect the interpretation
of these Terms. These Terms will inure to the benefit of PATIOFURNITURE.COM's
successors and assigns.
19. Survival. Any provisions of these Terms of Use that are intended to survive
termination (including any provisions regarding indemnification or limitation of
our liability and the Dispute Resolution/Arbitration Agreement will continue in
effect beyond any termination of these Terms of Use or of your access to the
Site.
20. Electronic Communications. These Terms and any other documentation,
agreements, notices, or communications between you and PATIOFURNITURE.COM may be
provided to you electronically to the extent permissible by law. Please print or
otherwise save a copy of all documentation, agreements, notices, and other
communications for your reference.
21. Contact Us. If you have any other questions or concerns regarding these
Terms of Use, please contact us by mail at: PatioFurniture.com, P.O. Box 468431,
Atlanta, GA 30338 or by email at customerservice@patiofurniture.com.


--------------------------------------------------------------------------------

Legal Center powered by Ironclad Clickwrap

Copyright © 2022, RoomsToGo