EFFECTIVE DATE: OCTOBER 1, 2010
Welcome to the TheDump.com and HaynesFurniture.com websites (collectively, the “Websites”). The Websites are Internet properties of Haynes Furniture Company Incorporated and New Venture Holdings, LLC d/b/a The Dump (collectively “Haynes,” “us” “our,” or “we”) and are owned by Haynes. Your use of the Websites is subject to your agreement with the terms and conditions set forth hereinbelow (the “Agreement”). Please read this Agreement carefully before using the Websites. By using the Websites, you acknowledge your receipt of, and consent to, this Agreement and any subsequent modifications made hereafter. Haynes may modify this Agreement at any time without prior notice to you. Such modifications shall be deemed effective upon the posting of the modified Agreement at the Websites. You agree to periodically review the Agreement made available on the Websites in order to remain apprised of any and all subsequent modifications. Your continued use of the Websites shall be deemed your conclusive acceptance of the Agreement then in effect.
In order to access some features of the Websites, you may be required to register at our Websites. You will need to select a password and user name, which shall consist of an email address you provide and/or a screen name (“User ID”). If you register at our Websites, 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. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of this Agreement, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our sole discretion.
DESCRIPTION OF PRODUCTS AND/OR SERVICES
At the Websites, you can sign up for our newsletter, apply for credit services, send us feedback and/or design your own room online. By submitting your information to the Websites via the Customer Service Feedback Form or our online Credit Application, you can provide us with information necessary to best serve you. We may, in our sole discretion, contact you about our financing services. The Customer Service Feedback Form or our online Credit Application
contain informational fields to be completed by you and subsequently submitted to Home Furnishings Credit Company. Please be advised that the mere submission of information on the Customer Service Feedback Form or our online Credit Application does not obligate us to provide you with our financing services. The estimated monthly payments, interest rates, eligibility determination and other terms associated with our financing services are governed by our Credit Application Terms and Conditions, may be viewed by clicking here, are incorporated herein by reference and will be documented by us via separate legal documentation. This Agreement governs your use of the Websites only.
PRICING AND CONTENT INFORMATION
At the present time, you cannot order or purchase furniture from us on our Websites. However, from time to time, we may post pricing information concerning our products. While we strive to provide accurate pricing information, there is always the chance that pricing or typographical errors may occur. Therefore, should an item listed at one of our Websites be incorrect, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. While we use best efforts to provide you with great values on the Websites and in our stores, sometimes a price online does not match the price in one of our stores. Therefore, there may be circumstances where store pricing will sometimes differ from online prices. Our stores will not honor Internet pricing or competitor advertisements from outside of a store’s local geographic trade territory, nor will we price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values. Our prices are competitive because we: (i) buy overstocks, one-of-a-kinds, factory sell outs, showroom models, design prototypes, all brand new, first quality merchandise, at prices significant discounts; (ii) do not incur all the unnecessary costs such as fancy showroom or high pressure salespeople; (iii) do not pay a lot for real estate or advertising so you are paying for merchandise rather than needless overhead; (iv) buy thousands of pieces of brand new, off-price furniture, rugs, mattresses, living room, dining room, genuine leather, home office and home theater such that our huge selection gives us power to buy big quantities at big discount prices; (v) purchase brand name furniture at discounted prices from the most respected designers and manufacturers; and (vi) only open three days per week keeping our cost of doing business way down.
We strive for accuracy when it comes to describing our products. However, we do not warrant that product descriptions or other content contained on the Websites are entirely accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
PRODUCT INFORMATION ACCESSED THROUGH THE WEBSITES IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER. ON OCCASION, MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITES, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. IF APPLICABLE, ANY AND ALL CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. OBVIOUSLY, ANY AND ALL CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY US.
QUANTITY LIMITS AND DEALER SALES
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any products from us for the purpose of engaging in a commercial sale of that same products with a third party.
The Websites are available for use only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Websites are not intended for use by individuals under the age of eighteen (18) and we do not knowingly gather or solicit information from such users. If you are under the age of eighteen (18), you do not have permission to use the Websites in any manner whatsoever.
LICENSE GRANT/USE OF SITE
At the Websites, you will find information related to our furniture stores. Haynes hereby grants to you a limited, nonexclusive, nontransferable and revocable license to use the Websites and associated content in accordance with this Agreement. Haynes may terminate this license at any time for any reason.
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Websites, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Websites (collectively, the “Comments”) you grant us a royalty-free, irrevocable, transferable right and license to use the Comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are under no obligation to maintain any Comments in confidence, pay to user any compensation for
any Comments or respond to any user Comments. You agree that any Comments submitted by you to the Websites will not violate the terms of this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Websites will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of SPAM. While we do not regularly review posted Comments, we do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Websites. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit to the Websites. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You may make use of the Websites on one computer for your own personal use. No part of the Websites may be reproduced in any form or incorporated into any information retrieval system, either electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Websites, Website content or any portion thereof. Haynes reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites. You may not take any action that imposes an unreasonable or disproportionately large load on Haynes’ computer network infrastructure. You may not use the Websites to defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or conduct or forward illegal contests, pyramid schemes, or chain letters, publish, post distribute, disseminate or link to any inappropriate, profane, defamatory, infringing, obscene, adult content, nude, or indecent or unlawful topic, name, material or information. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Websites.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Websites are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Websites is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Websites. The posting of information or material at the Websites by Haynes does not constitute a waiver of any right in such information and/or materials.
LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to the Internet websites of other third parties (“Third Party Websites”). Haynes is not responsible for the accessibility of these Third Party Websites, their resources, content, products and/or services. Furthermore, Haynes is not responsible for (nor does it endorse) any of the content, advertising, products and/or services, or other materials available on or through any Third Party Websites. Under no circumstances shall Haynes be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by use of, or reliance on, any content, goods and/or services available on or through such Third Party Websites.
You agree to release, indemnify and hold Haynes, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Websites; (ii) your breach of the terms of this Agreement; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Haynes, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES
THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HAYNES MAKES NO WARRANTY THAT: (I) THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES WILL MEET YOUR REQUIREMENTS: (II) THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES WILL BE ACCURATE OR RELIABLE. THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAYNES THROUGH OR FROM THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAYNES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAYNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (I) THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR ANY SERVICES THAT YOU MAY RECEIVE VIA THE WEBSITES; (II) THE FAILURE TO QUALIFY FOR FINANCING SERVICES; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITES, IF ANY, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (IV) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE DATA SUBMITTED TO HAYNES BY YOU; (V) ANY MATTER RELATING TO FINANCING SERVICES; AND (VI) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES, IF ANY, MADE AVAILABLE ON THE WEBSITES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE HAYNES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF HAYNES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR FINANCING SERVICES AND/OR GOODS PURCHASED AT HAYNES STORE LOCATIONS. YOU HEREBY RELEASE HAYNES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPGH. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HAYNES. THE WEBSITES AND THE FINANCING SERVICES, TO THE EXTENT SUCH FINANCING SERVICES ARE EXTENDED TO YOU WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Websites and all charges related thereto. Any attempt to damage, destroy, tamper with or vandalize the Websites, or otherwise interfere with the operation of the Websites is a violation of criminal and civil law and Haynes will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
This Agreement is 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 Websites. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Websites, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Websites, as well as all copies of such materials, whether made under this Agreement or otherwise.
This Agreement shall be treated as though it were executed and performed in The Commonwealth of Virginia and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to conflict of law principles). Any dispute relating in any way to your visit to or participation on the Websites shall be submitted to confidential arbitration in Virginia Beach, Virginia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have with respect to the Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. Haynes may assign its rights and duties under this Agreement to any party at any time without notice to you.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
By submitting your information and agreeing to the terms of this Agreement, you understand and affirm that you are agreeing to be bound by this Agreement and all other agreements and terms and conditions found on the Websites by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you are agreeing that you will use an electronic signature to accept electronic records regarding the products and services located at our stores and/or offered by our Websites, including, but not limited to, this Agreement. You further agree and consent: (i) to receive agreements, applications, and other information that may be provided or otherwise available to you electronically. Included in those agreements, applications, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (ii) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (iii) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this Agreement; (iv) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and email application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and email applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, applications, and other information and download or prints copies for your records; (v) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by e-mail at firstname.lastname@example.org; (vi) you may obtain a paper copy of the agreements, applications, and other information at anytime by contacting us by email at email@example.com. We will not charge a fee for any paper copy.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND THAT BY USING THE WEBSITES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.
E-mail Customer Service - for store experience, product questions and general feedback/questions.
E-mail Customer Credit Service - for all Haynes financed account credit questions or call 1-866-538-4489.
Mail: Haynes Furniture Company Incorporated, 5324 Virginia Beach Blvd, Virginia Beach, VA 23462
Copyright © 2005-2010, Haynes Furniture Incorporated & New Venture Holdings LLC. All Rights Reserved.