Terms and Conditions

Website Use Terms and Conditions

Introduction and Acceptance

The following terms and conditions govern your use of the Generations Furniture LLC ("Generations Furniture") website and information posted thereon (“Website”). Please read these Terms of Use carefully before using this Website. If you do not agree to them, please exit the Website. Your use of this Website will constitute your agreement to all terms, conditions and notices contained or referenced herein (“Terms of Use”).

Generations Furniture reserves the right to update, change or revise these Terms of Use at any time, effective immediately upon posting on this Website. Your continued use of this Website following the posting of any changes or revisions to the Terms of Use constitutes your acceptance to those changes.

Copyright and Trademark Notices; Proprietary Rights

The materials and content, including text, photos, and other content, on this Website are protected by intellectual property laws. Generations Furniture and its licensors are the sole and exclusive owners, throughout the world, of all rights of copyright and/or trademark in and to such content under United States and international laws and conventions. Users may not copy, reproduce, or transmit any materials appearing on this Website without express prior written permission from Generations Furniture. All contents of the Website are: © 2009 Generations Furniture LLC. All rights reserved.

Links

Generations Furniture is not responsible for the contents of any linked website. The inclusion of a link does not necessarily imply Generations Furniture's endorsement of the linked site or the information contained therein, or the linked website's endorsement of this site or the information contained herein.

Conduct

You agree not to use the Website:
a. for any unlawful purposes;
b. to upload, distribute, email or otherwise transmit or make available any material, data, text or computer file that is (i) defamatory, harassing, threatening, insulting or abusive; (ii) an invasion of privacy or publicity rights; (iii) vulgar, obscene, pornographic or sexually explicit; (iv) bigoted, hateful or racially offensive; or that (v) encourages or advocates illegal activity or discussion of illegal activities with intent to commit them.
c. to upload, distribute, email or otherwise transmit or make available any material, data, text, or computer file that (i) you do not have a right to transmit or communicate; (ii) infringes and/or violates any copyright, trademark, patent or other intellectual property right or any other proprietary rights of any party; (iii) infringes any other parties right of privacy or publicity or any confidentiality obligation.
d. to upload, distribute, email or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component;
e. to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; or
f. to collect or store personal data about other users.

Electronic Communications

Generations Furniture frequently communicates with users electronically or with the use of e-mails or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Generations Furniture provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, GENERATIONS FURNITURE DISCLAIMS ANY WARRANTIES THAT THE WEBSITE IS FREE OF DEFECTS, VIRUS FREE, OR THAT ACCESS WILL BE UNINTERRUPTED AND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GENERATIONS FURNITURE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Limitation on Liability

You expressly agree and understand that to the fullest extent allowed by law, Generations Furniture shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use, misuse, or inability to use the Website or any other matter relating to the Website.

Generations Furniture disclaims any and all liability for acts, omissions, and conduct of any users, contest entrants, advertisers and/or sponsors on the Website, in connection with the Website, or otherwise related to your use of the Website. Generations Furniture is not responsible for the information, products, services, actions or failure to act of any third party in connection with or referenced on the Website. You agree that Generations Furniture shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with users, contest entrants, advertisers or sponsors found on or through the Website, or as a result of the presence of such third parties on the Website.

Personal Data

Generations Furniture is located in, and the Website is hosted in, the United States. If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions. If you provide your personal data, you consent to the transfer of your personal data to the United States as indicated above.

Jurisdiction and Applicable Law

This Agreement shall be construed, applied, and interpreted in accordance with the laws of the State of Colorado, without regard to conflicts of laws principles. In the event of any dispute arising out of or in connection with this Agreement, jurisdiction and venue shall be solely and exclusively in the state or federal courts located in Colorado, and the parties hereby submit themselves to the jurisdiction of said courts.

Waiver and Severability

Generations Furniture's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be prohibited by law and invalid, or for any reason such provision is held unenforceable, in whole or in part, that provision shall be considered severable and its invalidity or unenforceability shall not affect the remainder of this Agreement, which shall continue in full force and effect.