Terms and Conditions of Website Use
Welcome to the website of Tropitone Furniture Co., Inc. (“Tropitone Furniture Co., Inc.” or “Tropitone”). This site is maintained as a service to our customers and prospective customers. By using this site, you agree to comply with and be unconditionally bound by all of the terms and conditions of website use contained in the “Agreement” listed below. Please review the Agreement carefully. If you do not agree to comply with and be unconditionally bound by all of the provisions of the Agreement, do not use this site.
1. Agreement. This Agreement (the or this “Agreement”) specifies the terms and conditions for access to, and use of, www.tropitone.com (the “website” or “site”). This Agreement may be modified or terminated at any time by Tropitone upon posting of the modified agreement or notice of termination. Any such modified agreement, or the termination of the agreement, shall be effective immediately upon such posting. You can view the most recent version of this Agreement at any time at www.tropitone.com. Each use of our site by you shall constitute and be deemed your agreement to comply with and be unconditionally bound by all of the provisions of the Agreement.
Your Responsibility: By using this website, you agree to compensate, hold harmless and defend us from any, damages, claims, liabilities, losses, costs and expenses, including but not limited to reasonable attorneys fees, resulting directly or indirectly from your use of the site or of any content available on or through our site, unless such claims, damages, losses, liabilities, costs, expenses arise from and have directly and solely been caused by Tropitone’s gross negligence or intentionally wrongful acts.
3. Ownership of Website Content. All content contained on this website is, and will continue to be, the property of Tropitone Furniture Co., Inc. and is protected under applicable federal and state laws and regulations with respect top copyrights, patents, trademarks, service marks and other proprietary rights, with all rights thereto reserved to Tropitone. Such content includes, but is not limited to, the name Tropitone Furniture Co., Inc. or Tropitone, and any other trademarks and/or service marks that identify Tropitone Furniture Co., Inc. and the goods or services that it provides. Any copying, redistribution, use or publication by you of any such marks or any other content or any part of the website is prohibited, except with the prior written authorization of Tropitone Furniture Co., Inc. Under no circumstances will you acquire any ownership rights or other interest in any of such marks or content on this website by or through your use of the site.
4. Links To Third-Party Websites. Tropitone may provide hyperlinks to third-party websites from its site as a convenience to users of this site. Tropitone does not control such third-party websites, and is not responsible for the contents of any “linked to” third party website or to the content of any further “linked-to” websites contained therein. Tropitone does not endorse, recommend, or approve the content of any third party website “linked to” through this site or further “linked to” in any website to which Tropitone provides a hyperlink. Tropitone shall have no liability for the use or content of any such hyperlinked websites.
5. Limitations on Site Use. Tropitone grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use its materials, products or services in violation of any law. Your use of this website is at the sole discretion of Tropitone Furniture Co., Inc., which may terminate access and/or use of this website at any time.
6. Compliance With Laws and Accuracy of Your Information. Compliance With Laws and Accuracy of Your Information. You agree to comply with all applicable laws in connection with your use of this website. You further agree that any information provided by you is truthful and accurate to the best of your knowledge. We reserve the right to notify proper law enforcement officials if any suspicious activity is detected. Violation of any rules maybe grounds for immediate termination of access to and/or use of the site.
7. Indemnification. You agree to indemnify, defend, and hold Tropitone Furniture Co., Inc. Harmless from any liability, loss, damage, claim and expense, including but not limited to reasonable attorneys fees, that Tropitone may be subject to and incur by reason of your violation of any of the provisions of this Agreement.
8. Disclaimer of Warranties. THE INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TROPITONE FURNITURE CO., INC. DISCLAIMS ALL WARRANTIES OF ANY KIND OTHER THAN THE EXPRESS WARRANTIES APPEARING ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY STATUTORY WARRANTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON SOME OR ALL OF THE FOREGOING WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH EVENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THIS SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
BY ACCESSING THIS SITE, YOU AGREE TO THE FOLLOWING: I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOWEVER, THE FOREGOING PROVISION SHALL NOT APPLY TO NEW JERSEY CONSUMERS.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TROPITONE FURNITURE CO., INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, YOUR SITE USE, OR THE CONTENT OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF INCURRING SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY CONTENT THEREOF IS TO DISCONTINUE USE OF THE SITE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON SOME OR ALL OF THE FOREGOING DAMAGES, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH EVENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THIS SITE. THIS LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
10. Law Governing Interpretation. The interpretation and construction of this Agreement shall be governed by the law of the State of California without regard to conflicts of laws provisions.
11. Severability. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision shall be eliminated to the minimum extent necessary to maintain the force and effect of the remaining provisions of the Agreement. Any controversy or dispute will be submitted, and you hereby irrevocably consent, to the personal jurisdiction of the state or federal courts in the State of California.
12. Contacting Us. You may contact Tropitone with any questions regarding the website or this Agreement by e-mail at: email@example.com or by U.S. mail at: 5 Marconi, Irvine, CA 92618.
13. Last Update. This Agreement was last updated on September 21, 2016