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Welcome to the Au Choix Furniture.com website (the "Au Choix Furniture.com Website"), a site owned and operated by auchoixfurniture.com and its affiliates ("Au
Choix Furniture.com").
These Terms of Use, along with policies and guidelines located throughout the Au Choix Furniture.com Website identify what users of the Au Choix Furniture.com
Website ("Users") can expect from Au Choix Furniture.com, Au Choix Furniture.com Providers (as defined below) and the Au Choix Furniture.com Website and what
we expect from Users. By accessing any areas of the Au Choix Furniture.com Website, Users are deemed to have accepted these Terms of Use and other policies
and guidelines identified throughout the Au Choix Furniture.com Website.
I. ONLINE CONDUCT
User agrees to use the Au Choix Furniture.com Website only for lawful purposes. User is prohibited from posting on or transmitting through the Au Choix
Furniture.com Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national, or international law.
If Au Choix Furniture.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on
the Au Choix Furniture.com Website (collectively "Content") provided by User (e.g., through a customer review) that is allegedly infringing, defamatory, damaging,
illegal, or offensive, Au Choix Furniture.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such
Content from the Au Choix Furniture.com Website. Au Choix Furniture.com may disclose any Content or electronic communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Au Choix Furniture.com Website; or (iii) to protect the rights or
property of Au Choix Furniture.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Au
Choix Furniture.com Providers") and any other User.
Au Choix Furniture.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Au
Choix Furniture.com, the Au Choix Furniture.com Website, the communities that make up the Au Choix Furniture.com Website, or any rights of Au Choix
Furniture.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Au Choix Furniture.com Provider can ensure prompt removal of
questionable Content after online posting. Accordingly, no Au Choix Furniture.com Provider shall assume liability for any action or inaction with respect to conduct,
communication, or Content on the Au Choix Furniture.com Website.
II. PRIVACY POLICY
Au Choix Furniture.com respects the privacy of its Users. The terms and conditions of the Au Choix Furniture Privacy Policy,
http://www.auchoixfurniture.com/privacypolicy.html, are incorporated herein by reference.
III. CONTENT
a. Distribution/Uploading Of Third-Party Content
User may upload to or otherwise distribute on the Au Choix Furniture.com Website only Content that is not subject to any copyright or other proprietary rights
protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or
other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as
well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any
other harm arising from such submission. No Au Choix Furniture.com Provider will be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can
report an infringement to Au Choix Furniture.com at support@auchoixfurniture.com. By submitting Content to any User-submit areas, including, without limitation, any
reviews, User automatically grants, or warrants that the owner of such Content has expressly granted Au Choix Furniture.com Providers, the royalty-free, perpetual,
irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it
in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits
any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Au Choix
Furniture.com Website retains any and all rights which may exist in such Content.
b. Third-Party Content
Au Choix Furniture.com is a distributor and not a publisher of Content supplied by third parties and Users. Au Choix Furniture.com has no more editorial control over
such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content
expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Au Choix Furniture.com or its
affiliates or any of their officers, directors, employees, or agents. No Au Choix Furniture.com Provider guarantees the accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Au Choix Furniutre.com Website
represents the opinions and judgments of the respective third party providing such Content. Au Choix Furniture.com neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement made on the Au Choix Furniture.com Website by anyone other than Au Choix Furniture.com. Under no
circumstances shall Au Choix Furniture.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by
a User's reliance on information obtained through the Au Choix Furniture.com Website. It is the responsibility of User to evaluate the information, opinion, advice, or
other Content available through the Au Choix Furniture.com Website.
c. Export
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Au Choix Furniture.com
Website to either a foreign national or a foreign destination in violation of such laws.
IV. AGE OF USERS
Au Choix Furniture.com does not intend the Au Choix Furniture.com Website to be used by minors under the age of 13. Furthermore, Au Choix Furniture.com does
not market the Au Choix Furniture.com Website for use by minors under the age of 13. Au Choix Furniture.com relies upon parents or guardians of Users under the
age of 18 to determine if any content or items available on the Au Choix Furniture.com Website are appropriate for view or access by such Users.
V. TERMINATION OF USAGE
Au Choix Furniture.com may suspend or terminate any User's access to all or any part of the Au Choix Furniture.com Website including any account thereon, without
notice, for any reason in Au Choix Furniture.com's sole discretion, including without limitation Au Choix Furniture.com's belief that such access would violate any
applicable law or would be harmful to the interests of any Au Choix Furniture.com Provider or another User.
VI. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Au Choix Furniture.com account password confidential and (ii) restricting access to such User's computer. Each
User agrees to accept full responsibility for all activities that occur within such User's Au Choix Furniture.com account.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE AU CHOIX FURNITURE.COM WEBSITE IS PROVIDED BY AU CHOIX FURNITURE.COM PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH AU CHOIX FURNITURE.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO AU CHOIX FURNITURE.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED: (I) AS TO THE OPERATION OF THE AU CHOIX FURNITURE.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED
THEREON; (II) THAT THE AU CHOIX FURNITURE.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR
CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE AU CHOIX FURNITURE.COM WEBSITE; OR (IV) THAT
THE AU CHOIX FURNITURE.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF AU CHOIX FURNITURE.COM ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
NO AU CHOIX FURNITURE.COM PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE AU CHOIX FURNITURE.COM
WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE AU CHOIX FURNITURE.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE THE CONTROL OF ANY AU CHOIX FURNITURE.COM PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY AU CHOIX FURNITURE.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR
INABILITY TO USE THE AU CHOIX FURNITURE.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM
THE AU CHOIX FURNITURE.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AU CHOIX FURNITURE.COM'S RECORDS, PROGRAMS, OR
SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH
THE AU CHOIX FURNITURE.COM WEBSITE.
NO AU CHOIX FURNITURE.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OF THE AU CHOIX FURNITURE.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH AU CHOIX FURNITURE.COM
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY
HAVE ADDITIONAL RIGHTS.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in
whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner
affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
IX. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Au Choix Furniture.com in the State of New Jersey. As such, the laws of the State of New Jersey will govern these Terms of Use,
without giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New Jersey and of the United States of
America located in the State of New Jersey for any litigation arising out of or relating to use of or purchase made through the Au Choix Furniture.com Website (and
agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New Jersey
Courts and agrees not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum.
X. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Au Choix Furniture.com Website, any Content or any item
purchased from the Au Choix Furniture.com Website shall be settled by confidential arbitration in New Jersey, New Jersey administered by the American Arbitration
Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the
award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis
and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Au Choix Furniture.com from seeking any injunctive
relief in State or Federal courts located in the State of New Jersey for protection of AuChoixFurniture.com's or Au Choix Furniture .com licensor's intellectual property
rights, and you consent to exclusive jurisdiction and venue in such courts.
XI. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Au Choix Furniture.com regarding User's
relationship with Au Choix Furniture.com and supersedes any prior statements or representations. When using the Au Choix Furniture.com Website or making a
purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XII. MODIFICATION
Au Choix Furniture.com reserves the right to make changes to the Au Choix Furniture.com Website, posted policies and these Terms of Use at any time without
notice. These Terms of Use were last revised on March 12, 2004.