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Terms of Use

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.

Use of this Website

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.

Changes to Terms of Use

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.

Disclaimer

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.

Limitation of Liability

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.

Indemnification

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.

Site Security

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.

Miscellaneous

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.

©2014 Ashley Furniture Industries Inc. All rights reserved.