This website is operated by Ashley Furniture Industries, Inc.
(referred to as "Berkline," "we," "us," and "our"). Our mailing
address is One Ashley Way, Arcadia, WI 54612.
We appreciate your interest in
Berkline® furniture and welcome you as a guest to
this website. Your access to and use of this website is subject to
the following Terms of Use and applicable laws (the "Agreement").
By accessing and browsing this website, you accept, without
limitation or qualification, these Terms of Use and agree to follow
and be bound by them. If you do not agree with any of these Terms
of Use, do not use this website.
In order to access some features of this website, you may be
required to register. If you register, you agree to provide us with
accurate and complete registration information, and to inform us
immediately of any updates or other changes to such information.
Failure to comply with the terms of this paragraph shall constitute
a material breach of these Terms of Use, which may result in
immediate termination of your account. In addition, we reserve the
right to refuse registration of, or cancel a registration, in our
sole and exclusive discretion.
This website is not targeted towards, nor intended for use by,
anyone under the age of 18. By your use of our Website, you certify
that you are 18 years of age or older and accept these Terms of
Use. If you are not at least 18 years of age, do not access, use,
or register on this Website.
You may use this Website for your personal, non-commercial use.
We present this information as a service to customers of
Berkline® furniture and other Internet users. Any
unauthorized downloading or distribution of any copyrighted
material from this Website, without the copyright owner's
permission, is strictly prohibited.
Copyrights, Trademarks, and Patents
You should assume that everything you see or read on this
website is copyrighted unless otherwise noted, and may not be
copied, reproduced, distributed, modified, published, downloaded,
posted, or transmitted in any way, without the prior written
consent of the copyright owner, EXCEPT: You may print copies of the
material for your personal, non-commercial use, provided that you
do not delete or change any copyright, trademark, or other
proprietary notices. Unless otherwise noted, all content and
material on this website are copyrights, trademarks, trade dress,
and/or other intellectual property owned, controlled, or licensed
by us, by one of our affiliates, or by third parties who have
licensed their material to us and are protected by U.S. and
international copyright laws. We reserve complete title and full
intellectual property rights in any content and material you
download from this website, and no right, title, or interest is
transferred to you as a result of any such downloading or
copying.
Modifying, distributing, or using for any purpose the material
on this website which is copyrighted or otherwise protected under
intellectual property laws directly violates intellectual property
rights of the owner. Access to this website does not confer and
shall not be considered as conferring upon anyone any license under
any of our, our affiliates', or any third party's intellectual
property rights.
Many of the furniture products displayed throughout this website
are protected by various design patents issued by the United
States. These design patents, which are owned by Ashley Furniture
Industries, Inc., cover one or more of the ornamental or aesthetic
features forming the overall furniture product. Design patents may
also be pending in the United States and other countries which
serve to protect the designs of these furniture products when they
issue from the respective country. These furniture design patents
are the exclusive property of Ashley Furniture Industries, Inc.,
and may not be copied, modified,
or imitated without its prior written permission. We are certain
that you understand that Ashley Furniture Industries, Inc. must
protect its intellectual property, including its patents,
trademarks, and copyrights, and therefore, no license to these
rights has been granted to you by use of this website.
We reserve the right, in our sole and exclusive discretion, to
revise these Terms of Use at any time. All revisions shall be
posted on this page. Since you are bound by all revisions to these
Terms of Use, you should review this page each time you visit our
website.
THIS WEBSITE, AND THE MATERIAL AVAILABLE ON OR ACCESSIBLE
THROUGH THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON
OR ACCESSIBLE THROUGH THIS WEBSITE IS FREE OF VIRUSES, WORMS,
TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION OF
IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT
THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE,
RELIABLE, USEFUL, TIMELY, OR CURRENT. WE DISCLAIM ANY LIABILITY AS
TO THE ACCURACY OR COMPLETENESS OF EACH ITEM OR PRODUCT DESCRIPTION
ON THIS WEBSITE. SUCH ITEMS AND PRODUCT DESCRIPTIONS ORIGINATE FROM
THE MANUFACTURER.
NOTHING IN THIS WEBSITE IS TO BE CONSTRUED AS A RECOMMENDATION
TO USE ANY PRODUCT.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY BERKLINE BY ASHLEY
FURNITURE, OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE
WEBSITE, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR
MERCHANDISE PROVIDED ON OR THROUGH THE WEBSITE, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO
ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER IN CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF BERKLINE BY ASHLEY OR ANY ASHLEY FURNITURE
HOMESTORE® RETAIL FURNITURE STORE HAS BEEN ADVISED
OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU
ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE,
OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF
THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE
RISK.
THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY
PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES, AND CAUSES OF ACTION WILL NOT BE GREATER THAN
THE DIRECT INCREMENTAL AMOUNT, IF ANY, YOU PAID SPECIFICALLY TO
ACCESS THIS WEBSITE.
You agree to defend, indemnify, and hold harmless us and all
Berkline by Ashley® furniture from any and all
liabilities, costs, and expenses, including attorneys' fees,
arising from or related to your use of this website.
You are prohibited from violating or attempting to violate the
security of this website. Violations of the system or network
security may result in civil or criminal liability. You agree not
to use a device or software to interfere or attempt to interfere
with the proper working of this website or any activity being
conducted on this website. You are responsible for maintaining the
confidentiality of your password, and you are fully responsible for
all
activities that occur under your account, whether or not you
authorize such activities.
Termination
These Terms of Use are effective unless and until terminated by
either you or us. You may terminate this Agreement at any time,
provided that you discontinue any further use of this website. We
may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the website, if
we, in our sole discretion, determine that you have failed to
comply with any term or provision of this Agreement. Upon any
termination of the Agreement by either party, you must promptly
destroy all materials downloaded or otherwise obtained from our
website, as well as all copies of such materials, whether made
under the Terms of Use hereof or otherwise.
Governing Law and Disputes
This website can be accessed from all over the world. All
information contained in this website is intended for the United
States market only. This website is controlled, maintained, and
serviced by us in the State of Wisconsin. By your use of our
website, you agree that any dispute arising from or relative to
this website, or use or inability to use the website, will be
governed by the laws of the State of Wisconsin, without regard to
its conflict of law provisions. You also agree, and hereby submit
to, the exclusive personal jurisdiction and venue of the Circuit
Court of Trempealeau County, Wisconsin and the United States
District Court for the Western District of Wisconsin with respect
to such matters.
This Agreement represents the complete Agreement between the
parties and supersedes all prior agreements and representations
between them. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed or
eliminated only to the extent necessary so that these Terms of Use
shall otherwise remain in full force and effect and enforceable.
Our failure to act with respect to a breach of this Agreement
by
you or others does not constitute a waiver and shall not limit our
rights with respect to such breach or any subsequent breaches.
These Terms of Use are not assignable, transferable, or sub
licensable by you. The headings in these Terms of Use are for
convenience only and have no legal or contractual effect. These
Terms of Use include and incorporate the Privacy Policy for the
Berkline by Ashley website and any notices regarding the Berkline
by Ashley website.