Effective Date: February 2019
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped.
ElyFurniture.com reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply 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 notify you should such limits be applied. ElyFurniture.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from ElyFurniture.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
ElyFurniture.com cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Site. ElyFurniture.com reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from ElyFurniture.com. ElyFurniture.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on ElyFurniture.com from prices available on Skyline Home Design’s mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
Title and Risk of Loss:
All items purchased through ElyFurniture.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Skyline Home Design’s tender of the item to the carrier.
Returns and Refunds:
Returns and refunds are available only as described in our Skyline Home Design’s Return and Exchange Policy. While ElyFurniture.com will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Return and Exchange Policy and any guarantees on future orders.
ElyFurniture.COM, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE SITE.
Your access to and use of the Service does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. ElyFurniture.com, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. ElyFurniture.com neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.
You may access the Services only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
All software used on the Services is the property of ElyFurniture.com or our licensors and protected by United States and international copyright laws. Subject to these Terms, ElyFurniture.com hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Services for your personal, noncommercial use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying the Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of ElyFurniture.com or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of ElyFurniture.com.
Without Skyline Home Design’s prior permission, you agree not to display or use in any manner the ElyFurniture.com marks.
All rights not expressly granted herein are reserved. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.
When accessing and using the Services, you specifically agree not to:
.Engage in activity that is in violation of these Terms or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
.Engage in conduct that is fraudulent or otherwise harmful to ElyFurniture.com, our partners, or any other user;
.Display to others, mirror, or frame the Services, or any component of the Services;
.Access the Services if we have prohibited you from such access;
.Circumvent any rules or terms set forth on the Services including those relating to any promotion, contest or program on the Services;
.Access, tamper with, or use non-public areas of the Services, Skyline Home Design’s computer systems, or the technical delivery systems of ElyFurniture.com or Skyline Home Design’s providers;
.Probe, scan, or test the vulnerability of the Services or breach any security or authentication measures;
.Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
.Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Services;
.Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Services;
.Collect any personally identifiable information from users of the Services or use any such information found on the Services;
.Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
.Use the Services to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
.Use the Services to advertise or perform any commercial solicitation;
.Use any meta tags or other hidden text or metadata utilizing a ElyFurniture.com trademark, logo, URL, or product name without Skyline Home Design’s express written consent.
.Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
.Engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
.Disrupt the normal flow of dialogue or act in a manner that negatively affects other users' ability to engage in real time exchanges;
.Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
.Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
.Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
.Extract any content or information from the Site (whether by manual or automated means) for any commercial purpose.
You likewise agree that you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Services (such as by attempting to retrieve information from or about the Services) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Services. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms and the Services' robots.txt file, the more restrictive of the two shall apply.)
If you are accessing the Services as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the Services as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.
ElyFurniture.com may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If ElyFurniture.com provides such features, and you choose to submit content through those features ("Your Content"), you represent and warrant that: (1) you own or otherwise have all necessary rights to Your Content; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; (3) Your Content will not cause injury to any person or entity; and, (4) you are not under the age of 13.
By posting Your Content, you are granting ElyFurniture.com (and those authorized by ElyFurniture.com) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant ElyFurniture.com (and those authorized by ElyFurniture.com) the right, but not the obligation, to use the name that you submit with such content.
You are solely responsible for Your Content. ElyFurniture.com assumes no responsibility or liability arising from the posting of Your Content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children's Online Privacy Protection Act.
You will not insert your own or a third party's advertising or promotional content into your posting.
ElyFurniture.com reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in Skyline Home Design’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. ElyFurniture.com is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
. using any software that sends queries to our Site to determine how a Website or Webpage "ranks" for various queries;
. "meta searching"; and
. performing "offline" searches on the Site.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ElyFurniture.com and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
By agreeing to these Terms, you acknowledge that Use of the Services results in interstate data transmissions because of Skyline Home Design’s network architecture, business practices, and the manner in which electronic communications are processed.
You acknowledge and agree that ElyFurniture.com is not responsible for the availability of such materials, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that ElyFurniture.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
. ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
. ANY WARRANTIES OF NONINFRINGEMENT;
. THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
. THAT THE SITE WILL BE SECURE;
. THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND
. THAT COMMUNICATIONS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ElyFurniture.COM IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ElyFurniture.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.
THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.