Terms and Conditions
Ashley Furniture Industries, LLC. ("Ashley") appreciates your interest in its furniture and your visit to this web site. Your access to and use of the site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this site, you accept, without limitation or qualification, the following Terms and Conditions and acknowledge that any other agreements between you and Ashley are of no force or effect.
1. Ashley presents the information on this web site as a service to its customers and other internet users. Ashley makes no warranty or guarantee concerning the accuracy or reliability of the content of this site or other sites to which this site links. Any unauthorized downloading or distribution of any copyrighted material from this site or from sites to which this site links, without the copyright owner's permission, is strictly prohibited.
2. You should assume that everything that you see or read on this site 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 Ashley or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on Ashley internet sites are subject to the trademark rights of Ashley Furniture Industries, LLC., including names identifying our products, such as Ashley, A-Ashley Logo, The Ashley Companies & A, A Design (Circle), Millennium, Clear & Tuff, Clear & Tuff/Parrot, Ashton York, Signature Design, Premium Polyester, Ameropean, Ashley Furniture Outlet, Stay Clean, Kings Were, Rockledge, Ashley Homestores, World Class, Mega-Tuff & Device, and Mega-Tuff, and Ashley's corporate logos and emblems. Modifying, distributing or using for any purpose the material in any Ashley web site which is copyrighted or otherwise protected under intellectual property laws directly violates Ashley's intellectual property rights. The material contained in this web site is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
3. Ashley makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which the site links. All information concerning products are based on current information at the time of programming. Ashley reserves the right to make changes at any time, without notice, in the information contained on this internet site, including without limitation, discontinuing or changing colors, materials, fabrics, designs, or specifications. Without limiting the foregoing, THIS WEB SITE AND THE INFORMATION, SOFTWARE AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEB SITE 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. ASHLEY DOES NOT WARRANT THAT ACCESS TO OR USE OF WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE IS ACCURATE AND 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.
4. UNDER NO CIRCUMSTANCES SHALL ASHLEY 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 WEB SITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS EXCLUSION ON CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Ashley's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the direct incremental amount, if any, you paid specifically to access this site.
Nothing in this web site is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any third party patents.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ASHLEY HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
5. All information contained at this web site is intended for the United States market only. This web site is controlled, maintained, and serviced by Ashley with the State of Wisconsin, United States of America. This web site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Wisconsin, by accessing this web site both you and Ashley agree that the statutes and laws of the State of Wisconsin, without regard to conflicts of laws principles, will apply to all matters relating to the use of this web site. You and Ashley 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. Ashley makes no representation that the information and materials in this web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in this web site in violation of U.S. export laws and regulations.
6. Many of the furniture products displayed throughout the pages of this web site are protected by various design patents issued by the United States. These design patents, which are owned by Ashley, 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 worldwide which will serve to protect the designs of these furniture products when they issue from the respective country. These furniture designs are exclusive property of Ashley and may not be copied, modified, or imitated without the prior written permissions of Ashley. We are certain that you understand that Ashley must protect its intellectual property, including its patents, trademarks, and copyrights. Therefore, no license to Ashley's intellectual property has been granted by this internet site.
7. All remarks, questions, suggestions, ideas, graphics, data or other information communicated to Ashley directly through this web site or e-mail will become the exclusive property of Ashley, and is, and will be treated as, non confidential and nonproprietary. Without limitation, anything you transmit, submit, or post becomes the exclusive property of Ashley, and may be used for any purpose, including, but not limited to, reproduction, transmission, publication, broadcast, and posting. Furthermore, Ashley is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, and Ashley will not incur any liability as a result of any similarities to the communicated materials that may appear in its products, business or services. Additionally, through your usage of this web site you may submit and/or Ashley may gather certain information about you and your web site usage. Ashley is free to use this information for any purpose it deems appropriate, including, but not limited to, marketing purposes.
8. Ashley reserves the right, in its sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by Ashley, you should review this page each time you connect to Ashley's web site. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this site.
9. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify us by sending an email to DMCA@ashleyfurniture.com or by sending a notice by U.S. Mail to: Ashley Furniture Industries, LLC., One Ashley Way, Arcadia, WI 54612, Attn: Legal Department. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.