TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY

BEFORE USING THIS WEBSITE.

 

You agree that your access to and use of this website are subject to the following terms of use (“Terms”), our Privacy Policy, all of our other posted policies and guidelines and all applicable law.

 

IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY PLEASE DO NOT ACCESS OR USE THIS SITE.

These Terms are an agreement between you (“you” or “your”) and Belnick, LLC (“Company,” “we,” “us” or “our”) that gives you permission to use our website, content and/or other products and services (collectively, as applicable, the “Services”). By accessing or using any of our Services, you agree to all of these Terms.

 

USE OF WEBSITE

In order to use these Services, you must be at least 18 years of age, unless you live in a state which has an older age of majority, in which case you must be at least the age of majority in your state. You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services.

In connection with your use of the Services, you may not:

  1. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information or materials of any kind.
  2. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding.
  3. Post or transmit any information or software that contains a virus, Trojan horse, worm or other harmful component;
  4. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works.
  5. Resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services.
  6. Use data mining, robots or other similar data gathering and extraction tools.
  7. Access (or attempt to access) the Services through any automated means (including use of any script or web crawler, page-scrape, spider, robot, index, Internet agent or the like) including without limitation, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website.
  8. Make any derivative works based, in whole or in part, on any portion or all of the Services.
  9. Use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services.
  10. Mirror or cache or store any pages or portions of the Services.
  11. Co-brand any portion of the Services or otherwise imply any relationship with or endorsement of your brands or services.
  12. Use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services.
  13. Portray us or any of our affiliates or the Services in a false, misleading or negative manner.
  14. Use the Services in any manner that could damage, disable, overburden or impair our servers or interfere with any other party’s use and enjoyment of the Services.
  15. Attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process.
  16. Post or transmit any photograph or likeness of another person without that person’s consent.
  17. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes.
  18. Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Services that is protected by copyright or other proprietary right, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, intellectual property rights.

The Services may be used only by you in compliance with all applicable law. You agree not to copy, duplicate or imitate any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services.

 

PASSWORDS AND ACCESS  

In order to access some features of the Services, you may have to register or create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. If we believe the information you provide is not correct, current or complete, we have the right to refuse you access to the Services and to terminate or suspend your access at any time, without notice. Registration authorizes a single individual to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses due to such unauthorized use. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.

 

FEES AND PAYMENTS

By completing and submitting any credit card or other payment authorization through the Services, you are authorizing us to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your account or anyone who gains access to your account as a result of your failure to safeguard your username, password or other authentication credentials or information.

 

OWNERSHIP OF INFORMATION AND MATERIALS

We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content and materials provided by or on behalf of us.

Your feedback is welcome and encouraged. You agree, however, that by submitting unsolicited feedback to us it automatically become our property. All information and materials that you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, (to the extent excluding any Personally Identifiable Information) will be treated as non-confidential and nonproprietary.  By submitting and information or materials to us you represent and warrant that: (i) the do not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to authorize us to use such information and materials and (iii) your information and materials do not violate any of our Terms. 

 

THIRD-PARTY LINKS

As a convenience to you, we may provide, in or through the Services, links to third party web sites or services and/or provide email contacts respecting third parties. We make no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party web sites, services, email correspondence with third parties and business or other transactions with such third parties. These third parties are independent from and not controlled by us. It is up to you to read and understand these third party sites’ terms of use, privacy and other policies.

 

MOBILE DEVICES

If you use a mobile device to access the Services optimized for mobile-viewing or opt in to receive SMS (text messages) from us the following additional terms and conditions (“Mobile Terms”) apply to you. Your access or use of the Services via your mobile device confirms your agreement to these Mobile Terms and all other Terms. By opting in, you agree to receive promotional SMS text messages on your mobile device to the extent we commence a text message marketing program.

 

MOBILE MESSAGE SERVICE TERMS

By agreeing to receive SMS messages from us, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Services provides updates, alerts, and information (such as order updates, account alerts and the like) as well as promotions, specials and other marketing offers (such as cart reminders) from us Home via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to the number you received the message from to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other of our mobile message or marketing programs and would like to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective terms. For Service support or assistance, text HELP to the number you received the message from or email customerservice@flashfurniture.com.

We may change any short code or telephone number we use to operate the Services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

Not all mobile devices may be supported and our messages may not be delivered in all areas. You agree to maintain accurate, complete and up-to-date information with us related to your receipt of messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed or misdirected delivery of any information sent through the Services, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

CALIFORNIA CONSUMERS – CONSUMER INFORMATION DIVISION

Pursuant to California Civil Code Section 1789.3, we hereby provide users of the Services with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

 

COPYRIGHT

The entire content included in the Services is copyrighted as a collective work under the United States and other copyright laws, and is our property. Any unauthorized use, including but not limited to the reproduction, distribution, display or transmission of the content in the Services is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the website.

 

TRADEMARKS

All of our trademarks, service marks and trade names used in the Services belong to us.

 

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.  WITHOUT LIMITATION, WE SHALL NOT BE LIABLE FOR ANY CIRCUMSTANCES ARISING OUT OF CAUSES BEYOND OUR REASONABLE CONTROL OR WITHOUT OUR FAULT OR NEGLIGENCE, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF CIVIL OR MILITARY AUTHORITY, FIRES, RIOTS, WARS, EMBARGOES, INTERNET DISRUPTIONS, HACKER ATTACKS, OR COMMUNICATIONS FAILURES OR OTHER FORCE MAJEURE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliated companies, and each of our and their respective owners, officers, directors, employees, agents and representatives from and against all losses, expenses, damages, claims, judgments, costs, expenses and liabilities, including reasonable attorneys’ fees, incurred by us or such other parties and/or arising out of or resulting from (a) any actual or alleged violation by you of these Terms, (b) any activity related to your account by you or any other person accessing the Service, (c) your use of and access to the Services, (d) your actual or alleged violation of any third party right, including without limitation any intellectual property or privacy right, (e) your actual or alleged violation of any law, rule or regulation and (f) your information or materials.

 

INTERNATIONAL USERS

The Services are controlled, operated and administered by us from within the United States. We make no representation that the Services are available for access or use at other locations outside the United States. However, any access or use from outside the U.S. is still subject to these Terms. Access to the Services is expressly prohibited from locations where doing so is illegal. Any personal information that we may collect via the Services may be stored and processed in servers located in the United States or in any other country. You consent to any such transfer of personal information outside your country of residence to any such location.

 

TYPOGRAPHICAL ERRORS

We undertake commercially reasonable efforts to help ensure that the information we provide is current and accurate. However, in the event that any of our products is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such products.

 

NOTICE

We may deliver notice to you by means of e-mail, a general notice on the website or by other reliable method to the address you have provided to us.

 

MISCELLANEOUS

You may not assign your rights or obligations hereunder and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.  These Terms, the Services and the rights and obligations of the parties with respect to the Services will be subject to and construed in accordance with the laws of the State of Georgia, excluding conflict of law principles. By accessing or using any Services you agree that law of the State of Georgia, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use thereof. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Atlanta, Georgia with respect to such matters. This is the entire agreement between us with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between us with respect thereto. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.  You agree that regardless of any law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

CHANGES TO TERMS AND CONDITIONS

We reserve the right, for any reason, to update these Terms. If they are updated, we will indicate the effective date of the changes below. We encourage you to return to this page often to ensure your knowledge of the current Terms and Privacy Policy are up to date. You will be notified of any such changes by our posting of the updated Terms. Any such updates will become effective when posted on the Services.  If you object to any such changes, your sole recourse will be to terminate your use of the Services. Continued use of the Services following such notice of any such updates will indicate your agreement to be bound by such updates.

These Terms were last modified on October 26, 2022.